How to (Legally) Deal with Toxic Employees
Thursday, August 4, 2022 | 1:00 PM ET
Your crash course to handle the slackers, the gossips, the bullies and other morale killers and liability magnets.
In this labor shortage, you can’t afford to simply cast off every “difficult” employee or those who have personality clashes with co-workers. Such employees may still be adding great value to your organization.
But quietly tolerating toxic employees is just begging for an employment lawsuit. And it’s guaranteed to lead to lower morale and high turnover. The Great Resignation has shown that many workers are simply walking away from organizations that are plagued by bullying, in-fighting, harassment, rumors and “Hunger Games” competitiveness.
Some of your competent-but-disruptive people should be terminated, but others simply need feedback, consequences and follow-through. On August 4, gather your HR and management teams to discover the best-practice steps to handle and document these issues—without drama or legal troubles.
When this training was given at a recent conference, attendees showered it with rave reviews with comments like “Excellent information on how to handle difficult personalities” and “Great advice about why documentation is so important, and how to do it.”
Agenda for Workplace Detox
- The 8 types of toxic employees to watch out for—and how to handle each one
- How to give specific, legally safe feedback in difficult situations (and with remote workers)
- How to document performance and behavior problems. Discover the ABC’s of performance documentation: accurate, behavior-based, consistent
- Sample phrases and statements to use in tough face-to-face meetings
- How to craft efficient and legally sound performance improvement plans (PIPs) for employees
- 10 do’s and don’ts for managing employee behavior (hint: don’t “practice psychiatry” or “practice law”)
- 8 questions to ask yourself before pulling the termination trigger
- 10 steps to conducting low-stress termination meetings that erase the chance of a lawsuit
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Get answers to all your questions
Jennifer Trulock is a partner at Baker Botts in Dallas, where she is chair of the firm’s Labor and Employment Practice Group. Jennifer graduated from Georgetown University Law Center and she represents management in all aspects of labor and employment law. Jennifer also counsels and trains employers on managing workplace issues and preventing employment lawsuits.
Richard Brann is former chair of the labor and employment law practice at Baker Botts LLP in Houston, where he specialized in representing management in all aspects of labor and employment law. Mr. Brann is the past chair of the Labor and Employment Law Section of the Houston Bar Association and is a fellow in the College of Labor and Employment Lawyers.
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